Madras High Court
CRP/6187/2026 of V.K.Chandrasekaran Vs Muthu on 29 September 2026
CRP No. 6187 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-09-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6187 of 2026
and
CMP No. 26784 of 2026
CNR: {HCMA012238462026}
1. V.K.Chandrasekaran
S/o Kandasamy
2. K.Ravichandran
S/o Kandasamy
..Petitioner(s)
Vs
1. Muthu
W/o Krishnan
2. K.Murugan
S/o Krishnan
3. A.Ramachandran
S/o Late Arumugam
..Respondent(s)
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the Fair and Decreetal order dated 22.08.2026 in
I.A.No.8 of 2026 in O.S.No.366 of 2019 on the file of the II Additional District Munsif Court, Salem and thus render justice.
For Petitioner(s):
Mr. K.Selvaraj
CRP No. 6187 of 2026
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order passed in I.A.No.8 of 2026 in OS No.366 of 2019 by the II Additional District Munsif Court, Salem wherein the application filed by the petitioners/plaintiffs under Order XVI Rules 1 and 2 of CPC to issue summons to the Tahsildar and to direct him to submit the relevant documents, came to be rejected by the Court below.
2. Heard the learned counsel appearing for petitioners and carefully perused the materials available on record and also the order passed by the Court below.
3. The petitioners are the plaintiffs, who filed the suit in O.S.No. 366 of 2019 seeking for the relief of declaration to declare the sale deed dated 08.11.2012 and 25.10.2013 as null and void and for permanent injunction.
4. The petitioners/plaintiffs filed I.A.No. 8 of 2026 under Order XVI Rules 1 and 2 to issue summons to the Tahsildar in order to examine him as to the basis on which the assignment patta was issued in favour of the defendants. The said application came to be dismissed by the Court below and aggrieved by the same, the present civil revision petition has been filed before this Court.
CRP No. 6187 of 2026
5. The main ground that was raised on behalf of the petitioners is that the sale deeds in question were based on the patta that is said to have been issued by the Tahsildar and that the very genuineness of the patta is in question. Therefore, according to the petitioners, it is essential to issue summons to the Tahsildar and examine him as a witness.
6. In the considered view of this Court, the Civil Court cannot summon the Tahsildar and put questions to him as to how he issued assignment patta in favour of a party. If a person is aggrieved by the issuance of patta, the same has to be independently questioned by the aggrieved person. The Court below has rightly held that the Tahsildar cannot be summoned to the Court for this purpose, and more particularly when the petitioners have not questioned the issuance of the assignment patta in favour of the defendants. The finding rendered by the Court below does not suffer from perversity warranting the interference of this Court in exercise of its jurisdiction under Article 227 of the Constitution of India.
7. If according to the petitioners, the very patta issued is a fraudulent document, it has to be independently established while questioning the sale deeds and the process of issuance of patta by a Tahsildar to a party can never be a subject matter of an enquiry before the Civil Court.
CRP No. 6187 of 2026
N.ANAND VENKATESH, J. RKA / KSK
8. In the light of the above discussion, the present civil revision petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA/KSK To The II Additional District Munsif Court, Salem CRP No. 6187 of 2026 and CMP No. 26784 of 2026